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Podcast: Seeking Justice in Serbia

Twenty years after U.S. citizens Ylli, Agron, and Mehmet Bytyqi were brutally murdered in Serbia in the aftermath of the 1999 conflict in Kosovo, their brother Ilir documents his family’s fight for justice in the face of inaction by Serbian authorities. Ilir is joined by family lawyer Praveen Madhiraju and Helsinki Commission senior policy advisor Robert Hand.


"Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America.

Transcript | Episode 2: Seeking Justice in Serbia | Helsinki on the Hill

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  • Mayor Giuliani, Chairman Smith Lead U.S. Delegation to OSCE Conference on Anti-Semitism

    By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • OSCE Holds First Annual Security Review Conference

    By Bob Hand CSCE Staff Advisor The Organization for Security and Cooperation in Europe organized a two-day Annual Security Review Conference (ASRC) on June 25 and 26, 2003, in Vienna, Austria. The U.S. proposal to hold this conference was approved in December 2002 by the OSCE's Foreign Ministers' meeting in Porto, Portugal. The conference's goal was to provide increased emphasis and profile to hard security questions from agreements in conventional arms control and Confidence- and Security-Building Measures (CSBMs) to police-related activities and combating terrorism. In this sense, the ASRC differs from OSCE's Annual Implementation Assessment Meeting held under the auspices of the OSCE Forum for Security Cooperation, which more narrowly focuses on CSBM implementation. The meeting consisted of opening and closing plenary sessions, and four working groups devoted to a) preventing and combating terrorism; b) comprehensive security; c) security risks and challenges across the OSCE region; and d) conflict prevention and crisis management. U.S. Priorities for the Implementation Review Leading up to the conference, Helsinki Commission Co-Chairs Christopher H. Smith (R-NJ) and Ben Nighthorse Campbell (R-CO) urged the U.S. Department of State to conduct a thorough implementation review which focused on the need for the participating States to comply with their security-related OSCE commitments. Russian military operations in Chechnya and the Caucasus, democratic political control over the military, security forces and intelligence services, so-called "frozen conflicts" like those in Moldova and the Caucasus, combating terrorism, money laundering and non-proliferation were subjects of particular concern noted by the co-chairs. Conference keynote speaker Adam Rotfeld, Polish Deputy Foreign Minister, stressed that the biggest threat to the OSCE was the support by criminal and dictatorial regimes for terrorists. The organization needed to give particular focus on the Caucasus and Central Asian countries in an effort to meet this threat by building institutions and establishing the rule of law. It was also suggested that OSCE look beyond its traditional areas and include the partners countries in its activities, wherever possible. Greece, speaking for the EU, noted the OSCE's value to provide early warning, post-conflict rehabilitation, and conflict management. The EU urged that very high priority be given to human trafficking, termed "the piracy of today." Germany stressed the need to strengthen the police and border management in troubled regions. Ambassador Cofer Black, Secretary of State Colin L. Powell's Senior Advisor for Counter Terrorism, urged the OSCE to focus on concrete and achievable steps to fight the financing of terrorism and press all 55 participating States to become parties to the 12 UN Conventions on Terrorism. Black recommended that the OSCE be used to strengthen travel and document security with a goal of including bio-metric data (based on the physical composure of an individual's hand or retina) in the travel documents of individuals from all participating States and sharing information on lost and stolen passports. Several delegations cited the need to do more to restrict illicit weapons trade and cited the Bishkek and Bucharest documents as blueprints for practical action. The need to limit the availability of man portable air defense systems (MANPADS) was cited by several delegations. The United States noted that, in preparing for the December OSCE Maastricht Ministerial, particular focus should be given to the priorities cited in the 2003 G-8 Action Plan which includes steps to control proliferation of MANPADS, increased security of sea transport and more effective travel documentation. These priorities were stressed by the new OSCE Special Representative for Counter Terrorism, Brian Wu, who suggested that the area of biological weaponry might need particular attention and asked if more emphasis might be placed on non-banking sources when looking into the financing of terrorism. In the working session on conflict prevention and crisis management, delegations acknowledged OSCE's lack of a "big stick" and the need to work closely with organizations and governments who had such instruments. Nevertheless, the OSCE has a good "tool box" for a variety of actions and is using it for actions such as the destruction of arms stockpiles in Georgia, police training in Kosovo, and facilitating the withdrawal of Russian troops and arms from Moldova. The Representative on Freedom of the Media noted the importance of monitoring hate speech, creating public awareness of arms trafficking and protecting journalists in conflict areas. Most delegations agreed that the OSCE had neither the mandate nor the resources to be a peacekeeping organization, but Russia emphasized it did not share this view and recommended that possibilities for joint action be discussed by OSCE with NATO and the EU. Macedonia hailed the success of the OSCE Mission in helping to manage its internal conflict. The Code of Conduct on Politico-Military Aspects of Security and the work of the Forum on Security Cooperation on small arms and light weapons are positively assessed as a contribution to the larger effort of arms control and conflict risk reduction in Europe. Limits on how much further some of these efforts could be developed, however, were questioned, and there was resistance to actual revision of some of the agreements already reached. In the past year, the OSCE has begun to look at new security risks and challenges across the region. Organized crime, including arms trafficking, was frequently highlighted as something which needed additional cooperative efforts to combat. Among the most important developments are OSCE efforts to assist countries in Central Asia and the Caucasus to improve their police services, drawing on experience gained in southeastern Europe. Throughout the meeting there was a pronounced tendency to be long on generalities and short on specifics. For example, it was noted that only 38 percent of the 55 participating States have become parties to all 12 United Nations conventions and protocols on combating terrorism, a clear OSCE commitment, yet the countries which have not were never named nor asked to explain their implementation records. Indeed, one OSCE insider concluded that the discussion on implementation of commitments to combat terrorism was not much advanced from the discussion which surrounded the earlier negotiation of those commitments. An Ambassador went as far as to remark during a plenary session that some previous statements were little more than "preemptive self-justification." Critics of the ASRC, however, should keep in mind this was the first review conference of its kind. Certainly the implementation review meetings for the human and economic dimensions of the OSCE have had to evolve and adapt over the years. For the security dimension though, calling participating States to account for instances of non-compliance has not similarly developed. As U.S. Ambassador to the OSCE Stephan M. Minikes asserted in his closing statement, "This first Annual Security Review Conference has accomplished what we realistically expected it would. We must recognize that this is the first time that this conference has been held. There will be matters to work out over time. But the fact that we have made a start is very significant and together with our partners from other European and Euro-Atlantic security organizations there is much to do to follow up." Looking Ahead There are several ways in which the ASRC could be improved next year. The Annual Security Review Conference could go beyond its sole focus on OSCE tools and issues and devote specific time to actions taken by the participating States themselves. The benefit of such a review would justify the conference being lengthened by at least one day. As Under Secretary of State John R. Bolton testified at a Helsinki Commission hearing in May, "Heretofore, we have not seen the OSCE as being as much a possible vehicle to help get the kind of [non-proliferation] compliance we want. And that's why I think it's worth exploring." Perhaps more critical to the dialogue would be the opening of the ASRC to a wider audience. The OSCE's other review meetings are already open, not just to observation by those outside government but to participation by NGOs as well. In a letter to the State Department, Helsinki Commission Co-Chairmen Rep. Smith and Senator Campbell urged greater openness and transparency. They were told, however, that for the first ASRC non-inclusion of non-governmental organizations was intended to promote greater dialogue and a more critical review. Only national delegations, OSCE institutions and other European-based international organizations were invited to participate in the inaugural conference. The modalities for the conference did state that "security-related scientific institutes or 'think tanks' of international standing would be considered to be invited as keynote speakers or otherwise be represented as members of national delegations." However, the effort to do so seemed fairly limited and the "greater dialogue" and "more critical review" was not fully realized. The OSCE could do much more to draw on the wealth of expertise among security-related institutions in the United States and elsewhere. If some view the kind of NGO participation seen at other implementation meetings as not conducive to a productive meeting on security issues, at least greater use of public members on national delegations and greater use of expert analysis and insight could be pursued. Short of participation, allowing public observation would permit others a chance to see more clearly how the OSCE and its participating States address security in Europe, and opportunities to engage one-on-one with government officials in the corridors and side events. The State Department has indicated a willingness to look at possible NGO inclusion for future ASRC meetings. Finally, the development of the ASRC should be considered in the broader context of maintaining the balance among the dimensions of the OSCE which has been one of its traditional strengths. Giving balancing to the OSCE's activities was the primary justification for the ASRC. But the level of activity ultimately needs to be based on the need to promote balanced progress in the actual implementation of OSCE commitments. One very positive aspect of the review conference was the deferral of other OSCE activity in Vienna during the meeting which permitted delegates to focus their attention exclusively toward the ASRC. In the past, this has not been the case for human dimension and economic review meetings, which have had to compete with a plethora of meetings, diminishing the focus and participation of some delegations. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Missing Persons in Southeast Europe

    Rep. Chris Smith (NJ-04) and Sen. Ben Nighthorse Campbell heard from people who had lost relatives in the former Yugoslavia (i.e. Kosovo, Bosnia-Herzegovina, and Croatia) during the years of conflict in that region. This hearing specifically focused on Serbians who lost relatives in Kosovo, Bosnia-Herzegovina, and Croatia. The panelists – Olgica Bozanic, Verica Tomanovic, Cedomir Maric, and Gordana Jaksic – represented not only themselves and their own families, but also organizations consisting of hundreds of families of the missing.

  • Helsinki Commissioners Press Belgrade to Apprehend Indicted War Criminals, Cooperate with Hague Tribunal

    By Bob Hand CSCE Staff Advisor On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld. Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient. In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success. Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.” Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing. In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD). The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination. Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed. Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime. Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse. Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia. James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact. Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic. Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague. A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.” The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms. Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community. In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Kristin Poore contributed to this article.

  • Helsinki Commission Members Press Belgrade to Apprend Indicted War Criminals, Cooperate with Hague Tribunal

    By Bob Hand CSCE Staff Advisor   On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld. Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient. In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success. Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.” Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing. In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD). The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination. Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed. Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime. Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse. Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia. James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact. Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic. Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague. A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.” The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms. Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community. In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Certification of Assistance to Serbia

    Mr. Speaker, the U.S. Department of State last week made its determination to certify compliance by the Government of Serbia and Montenegro with the terms of section 578 of the Consolidated Appropriations Resolution (P.L. 108-7). This section conditions certain bilateral assistance to Serbia on progress in three areas, although by far the most critical being cooperation with the International Criminal Tribunal for the former Yugoslavia.   I agree with the Department’s assessment that progress has been made, especially since March. In particular, I welcomed action earlier this month by the Serbian authorities to apprehend Veselin Svjilancanin, indicted by the Tribunal for the 1991 massacre near Vukovar in Croatia. Although there was resistance, this action was a success and signaled what is perhaps a new determination by Belgrade to transfer all remaining indictees. Having been in Vukovar, along with my good friend and colleague Mr. Wolf, just before the city fell to Serb forces, I am glad to see all three indicted by the Tribunal for this crime will be tried in The Hague.   Nevertheless, Mr. Speaker, I am concerned that the Department’s determination was the wrong one to make. While progress has been made, it remains insufficient. Still at large and believed to have been in Serbia are several other persons, including Ratko Mladic and others, Ljubisa Beara, Vujadin Popovic, Ljubomir Borovcanin, Vinko Pandurevic and Drago Nikolic, indicted by the Tribunal for their connection to the1995 Srebrenica massacre in which thousands of innocent people were executed.   I am concerned, deeply concerned, that these individuals will continue to evade justice while officials in Belgrade may get the impression they have done enough. Clearly, they have not. Mr. Speaker, I would urge Serbian authorities to take the action necessary to remove "cooperation with the Tribunal" as an outstanding issue in our bilateral relationship. In doing so, they will also continue to help Serbia emerge from Slobodan Milosevic’s legacy of nationalist hatred.   In the meantime, Mr. Speaker, I also urge the State Department to use remaining levers to encourage not just better, but full, cooperation with the Tribunal, which Secretary Powell had assured Mr. Cardin and myself in correspondence was a position we all shared. The crimes which occurred were too severe and too horrendous to allow those responsible to escape justice.

  • Arming Rogue Regimes: The Role of OSCE Participating States

    The hearing will consider the efforts to curb the spread of deadly weapons and related militarily significant technology and equipment to dangerous regimes around the world. Rather than focus on the efforts by these regimes to acquire the material, we want to examine the capacity and willingness of participating States in the OSCE to be their source. The end of the Cold War left some states, especially those of the former Warsaw Pact, with huge stockpiles of military hardware, while economic downturns made their military industries and research institutes desperate for funds. The United States has encouraged these countries to maintain tight control over surplus equipment and convert the factories into industrial production. Still, several countries remain vulnerable to the lure of responding to the demand, even from rogue states and regimes, for weapons of mass destruction, delivery system, and small arms or light weapons.

  • Democracy, Human Rights and Justice in Serbia Today

    Donald Kursch, Senior Advisor at the US Commission on Security and Cooperation in Europe, moderated this briefing that discussed, among other things, the trajectory of democratic institutions in Serbia. This briefing was held in the wake of the assassination of Serbian Prime Minister Djindjic, after which the authorities in Belgrade undertook tough measures to crack down on the criminal elements that had continued to be a barrier to Serbia and Montenegro’s full integration into the Euro-Atlantic community’s institutions. More restrictive measures against crime in Serbia and Montenegro had underscored the progress already made by democratic forces in overcoming the estrangement between the two countries and the West.

  • Bringing Justice to Southeastern Europe

    Representative Chris Smith of New Jersey spoke on behalf of the Commission on the Yugoslav conflicts and its tumultuous impact on the development of post-Cold War Europe, as it exposed flaws in the United Nations and the European Union, whilst simultaneously inspiring the OSCE and NATO to act. The briefing addressed the establishment of the International Criminal Tribunal for the former Yugoslavia and the understanding that justice must be part of a post-conflict recovery. The speaker – Honorable Carla del Ponte, Chief Prosecutor for the International Criminal Tribunal for the former Yugoslavia since 1999 – was responsible for ensuring that those individuals responsible for war crimes, crimes against humanity and genocide in contemporary Southeast Europe were held accountable. She spoke of the limitations and successes of the Tribunal, referring to two decades of experience as a prosecutor.

  • The Critical Human Rights and Humanitarian Situation in Chechnya

    This briefing followed a defeat, by a vote of 15-21 at the 59th Session of the United Nations Commission on Human Rights in Geneva, of a U.S.–supported resolution expressing “deep concern” about reported human rights violation in Chechnya.  The developments in Chechnya since the outbreak of the war in 1994 were briefly surveyed, while the focus of discussion was largely on the human dimension of the situation and the dangers faced by average Chechen civilians. Witnesses testifying at the hearing – including Eliza Moussaeva, Director of the Ingushetia Office of the Memorial Human Rights Center; Bela Tsugaeva, Information Manager of World Vision; and Maureen Greenwood, Advocacy Director for the Europe and Eurasia division of Amnesty International – addressed the dismal state of human rights in Chechnya and the issue of international assistance, which was less effective than it could have been due to government accountability issues. The lack of infrastructure and security guarantees was additional topics of discussion.

  • In Memory of Zoran Djindjic

    Mr. Speaker, we learned today of the assassination in Belgrade of the Prime Minister of Serbia, Zoran Djindjic.   This is a true tragedy, not only for family and friends of Mr. Djindjic but for all the people of Serbia and, indeed, for all who struggle for human rights and democratic development.   Zoran Djindjic became a leader during difficult times in his country. He chose to stand in opposition to Slobodan Milosevic and his regime. That certainly was not the easiest course, and it took courage. Zoran Djindjic also had determination and, after repeated setbacks and obstacles, he played a key role in ousting Milosevic from power in 2000. He subsequently became, as Prime Minister of Serbia, a force for reform, recognizing that Serbia needed to cast off not only the yoke of Milosevic's rule but also Milosevic's legacy of nationalist hatred, organized crime, corruption and greed. Transferring Milosevic to The Hague in 2001 to face charges for war crimes, crimes against humanity and genocide perhaps best symbolized Djlndjic's continued courage and determination to conquer the sinister forces which seized his country.   Zoran Djindjic was still battling resistance to reform in Serbia when his life was taken by the vicious act of cold-blooded assassins.   These will undoubtedly be turbulent times for Belgrade, for Serbia, and for Montenegro which is just embarking on a new relationship with Serbia. This tragedy may have reverberations throughout the region, particularly in Bosnia and in Kosovo.   It is my hope and prayer, Mr. Speaker, that the people of Serbia will respond to this crime with a loud and united cry: ``Enough is enough.'' In the past, they have seen the lives of journalist Slavko Curuvija and politician Ivan Stambolic snuffed out for their advocacy of a civilized Serbia, in which human rights and the rule of law are respected.   Similarly Djindjic, too, was advocating such noble objectives. The very decent people of Serbia deserve a society which respects human rights and upholds the rule of law. That is what the leaders of Serbia must now provide without further hesitation or delay. I take heart in knowing that Djindjic had many colleagues who shared his vision of a reformed Serbia.   My deepest condolences go to the family of Zoran Djindjic. I hope that the incredible grief they must now feel will be tempered by the pride they should feel in his accomplishments and service to his country.

  • Mourning the Assassination of Serbian Prime Minister Djindjic

    Mr. Speaker, I want to join the gentleman from California (Mr. Dreier) in his comments about Mr. Djindjic, the Prime Minister of Serbia. Serbia in the 1990s, like Iraq has gone through, was under the heel of a despot who was vicious and who in my opinion was a war criminal. When the United States acted to displace the Milosevic regime and ultimately Milosevic was voted out of office because we went into Kosovo, it was Mr. Djindjic who showed the courage and the moral commitment to ensure that Mr. Milosevic would be transferred to The Hague to answer for his crimes. That trial currently is going on. It is going on because Mr. Djindjic had the courage to facilitate the transfer out of Serbia to The Hague of the alleged war criminal Slobodan Milosevic.   He has now been assassinated. We do not know yet who the perpetrator of that assassination is. Suffice it to say, we have lost someone whose courage and commitment to freedom and human rights was an important aspect for his country and for the international community. We are a lesser international community for his loss.

  • Assassination of Serbian Prime Minister Zoran Djindjic

    Mr. Speaker, I rise today with a heavy heart to condemn in the strongest possible terms the assassination of Serbian Prime Minister Zoran Djindjic. As a Member of Congress, I express my condolences to the government of Serbia and Montenegro and to the family of the late Prime Minister. Mr. Djindjic was one of the driving forces behind the extradition of Slobodan Milosevic to the Hague for war crimes, and also favored increased political and economic cooperation with the West. Mr. Speaker, I think it is our responsibility to encourage the government of Serbia and Montenegro to hold all of those responsible for the assassination accountable and to continue their work for economic reform and full cooperation with the War Crimes Tribunal, including the turning over of those indictees who still remain at large and cooperation on the witnesses and the information that is needed. Again, Mr. Speaker, we offer our condolences to the family.

  • Disturbing Developments in the Republic of Georgia

    Mr. President, as cochairman of the Commission on Security and Cooperation in Europe, I am concerned by a myriad of problems that plague the nation of Georgia a decade after restoration of its independence and nearly eleven years after it joined the Organization for Security and Cooperation in Europe, OSCE. Among these pressing concerns that I would like to bring to the attention of my colleagues is the ongoing violence against non-Orthodox religious groups, as well as allegations of torture perpetrated by Georgian security officials.   Concerning religious freedom, the situation in Georgia is one of the worst in the entire 55-nation region constituting the OSCE. Georgia is the only OSCE country where mobs are allowed to attack, violently and repeatedly, minority religious groups with complete impunity. Most recently, on January 24th, worshipers and clergy were assaulted and beaten in a mob attack on the Central Baptist Church in Tbilisi, where an ecumenical service was to have taken place. While police did eventually intervene, no arrests were made, and the planned ecumenical service between Baptists, Armenian Apostolic Church, Catholics and Lutherans was canceled. While I am pleased President Shevardnadze did issue a decree calling for a full investigation, to date no action by police or the Prosecutor General has taken place.   During the past three years of escalating mob violence, the Jehovah's Witnesses have experienced the majority of attacks, along with Baptists, Pentecostals, and Catholics. Sadly, victims from throughout the country have filed approximately 800 criminal complaints, and not one of these has resulted in a criminal conviction. The mob attacks are usually led by either Vasili Mkalavishvili, a defrocked Georgian Orthodox priest, or Paata Bluashvili, the leader of the Orthodox ``Jvari'' Union. Often the police and media are tipped off in advance of an attack--probably so that the media can arrive early and the police can show up late. The brazen leaders of these attacks have even given television interviews while mob brutality continues in the background.   In response to this ongoing campaign of violence against members of minority faiths, the leadership of the Helsinki Commission and other members of the Senate and House have been in correspondence with President Shevardnadze on numerous occasions. Congressional dismay over this ongoing issue was also reflected in language included in the omnibus appropriations bill underscoring concern over the Georgian Government's apparent resistance to prosecuting and jailing the perpetrators of these mob attacks. Despite assurances, Georgian officials have neither quelled this violence nor taken effective measures against the perpetrators of these assaults. Ironically, it appears that minority religious communities may be freer in parts of Georgia outside of Tbilisi's control than those under the central authorities.   The conference report language should send a strong message to President Shevardnadze and other Georgian leaders. They must understand the Congress's deep and abiding interest in this matter and our desire to see those responsible for the violence put in jail.   I also must express my concern regarding the widespread, indeed routine, use of torture in the Republic of Georgia. While law enforcement remains virtually nonexistent when it comes to protecting religious minorities from violent attacks, the use of torture by police remains a commonplace tool for extracting confessions and obtaining convictions in other areas. A government commission has also acknowledged that the scale of corruption in law enforcement has seriously eroded public confidence in Georgia's system of justice and the rule of law.   At one point, a few years ago, there appeared to be real political will to address this problem. Sadly, increased protections for detainees, adopted to facilitate Georgia's accession to the Council of Europe, were quickly reversed by the parliament once Georgia's admission was complete. Moreover, I am particularly concerned by remarks made by Minister of Interior Koba Narchemashvili in November. In a move calculated to look tough on crime following a notorious murder, he called for seizing control of pre-trial detention facilities from the authority of the Ministry of Justice. This would move Georgia in exactly the wrong direction. Reform must continue on two levels; continuing to move Georgia's legal standards into compliance with international norms, and improving actual implementation by law enforcement officers.   I want to see a prosperous, democratic, and independent Georgia, but these facts are deeply disturbing and disappointing. The Government of Georgia's failure to effectively address these concerns through decisive action will only further erode confidence here in Washington as well as with the people of Georgia.

  • Speech Regarding Normalized Trade Relations with Serbia Montenegro

    Mr. Speaker, a decade ago we began witnesses to genocide in Europe. By stirring up nationalism, harassing opposition and intimidating the population as a whole to go along with his plans, the regime of Slobodan Milosevic led Serbia into a war of aggression against its neighbors within the former Yugoslavia. Millions were displaced, hundreds of thousands killed and tens of thousands raped or tortured, particularly in Bosnia-Herzegovina. In response, largely at the urging of the U.S. Congress, sanctions were put into place and, ultimately, military intervention was employed to stop Milosevic.   In 2000, the voters of Serbia removed Milosevic from power. In place of his regime, an opposition consisting of genuine reformers and true democrats along with a fair share of Serbian nationalists took control of government. Since that time, the ruling opposition fell into polarized camps, making recovery and reform difficult. This situation also created a challenge in U.S. foreign policy. On the one hand, the United States wants to encourage Belgrade and facilitate reform. On the other, the United States must ensure that the legacy of Slobodan Milosevic has been fully shed, a prerequisite for recovery throughout southeastern Europe.   The Miscellaneous Tariff Bill, H.R. 1047, considered yesterday contains a provision granting the President the authority to restore normalized trade relations for Serbia and Montenegro. I support this provision; normalized trade relations should be restored. Whatever problems might remain, the fact is that there has been progress since Milosevic was removed from power, and Serbia and Montenegro should not be placed on the same list of states not granted normalized trade relations as Cuba, North Korea or Laos. Other countries with far worse records, including Belarus and the Central Asian states, at least receive the benefits of normalized trade relations on a conditional basis which Serbia and Montenegro is denied.   By fixing this, I hope Belgrade recognizes that we want reforms to succeed and recovery and reform take place. Belgrade also needs to know, Mr. Speaker, that restoring NTR does not mean satisfaction with Belgrade's performance to date. While there has been progress, that progress has been too slow, and some issues remain unresolved. Chief among these issues is Belgrade continued resistance to full cooperation with the International Criminal Tribunal for the Former Yugoslavia, located in The Hague. It is especially outrageous that persons responsible for the crimes committed at Vukovar and Srebrenica continue to be at large and perhaps even protected by Yugoslav or Serbian authorities.   While trade relations may not be conditioned on further progress, U.S. bilateral assistance to Serbia is. If there is not a major improvement in Belgrade's cooperation with The Hague by June 15, assistance to Serbia will stop. The Administration must certify progress before assistance continues past that date, and the State Department has made clear that a precondition for certification is the apprehension and transfer of Ratko Mladic, indicted for the massacre of thousands at Srebrenica, and Veselin Sljivancanin and Miroslav Radic, indicted for their role in the massacre of about 200 individuals taken from a hospital in Vukovar, Croatia.   As co-chairman of the Helsinki Commission, I urge Belgrade not only to meet their international obligations relating to ICTY not just to the point of obtaining certification for another year. Cooperation should be full. Only then can the conditionality on assistance be removed for good.

  • Trade Relations with Serbia and Montenegro

    Mr. Speaker, I rise to bring attention to this body of one provision that is in this bill that deals with extending normal trade relations to Serbia and Montenegro. When this issue was before the Committee on Ways and Means, I offered an amendment that was adopted by the committee that placed conditionality on the normal trade relations based upon cooperation by Serbia and Montenegro with the International Criminal Tribunal for the former Yugoslavia.   Mr. Speaker, it is important to move forward in our relations with Serbia, but it is also important to remember the past. There were war crimes committed in the former Yugoslavia where individuals were murdered, mass murders, dislocation of people, solely because of their ethnic background. There are individuals who is have been indicted by the war crimes tribunal that have not been turned over to the Hague. General Mladic and Karadzic were involved in mass murders of innocent people, they were lined up and murdered, and yet they still remain free, even though they are indicted. We need full cooperation with the tribunal, including the turning over of documents and the availability of witnesses.   Mr. Speaker, I am pleased that we were able to reach an understanding where the conditionality on this legislation could be removed by additional commitments made by the government of Serbia-Montenegro.   I will make part of the record a letter that I have received. I would like to quote very quickly part of that letter, where the Foreign Minister says, “I would like to assure you that there is a strong and clear political will of the authorities in Serbia and Montenegro to cooperate with International Criminal Tribunal. Obviously, the most pressing concern is the issue of the arrest and transfer to The Hague of the indicted individuals, in particular General Mladic and those indicted for the crimes at Vukovar. You may rest assure that the resolution of this issue figures high on the agenda of all office holders in Serbia and Montenegro. Furthermore, the institutions of the state union of Serbia and Montenegro, which will be formed in the coming days, will have the opportunity to further contribute to perfecting the cooperation of the ICTY in this regard.”   Mr. Speaker, I would also bring to your attention a letter I received from Secretary of State Powell, where he points out that the FY 2003 Foreign Operations Appropriations Act once again conditions U.S. assistance to the Republic of Serbia. These conditions have been useful in maintaining pressure on Belgrade to comply with its obligations to the ICTU. I can assure you that the Department of State will continue to use every available tool to achieve cooperation with the International Criminal Tribunal by the governments of Serbia and Montenegro.   Mr. Speaker, I want to thank the gentleman from New Jersey (Chairman Smith) of the Helsinki Commission, the gentleman from Maryland (Mr. Hoyer), who has been extremely helpful in this issue, the gentlewoman from New York (Mrs. Lowey) from the Committee on Appropriations, the staff at the Helsinki committee, the Coalition for International Justice, and Ambassador Prosper, who is our Ambassador at Large for War Crimes, for their cooperation in order to be able to work out further cooperation with the tribunal.   I also want to thank the gentleman from Illinois (Mr. Crane) and the gentleman from Michigan (Mr. Levin) for their patience. I know that we have been working on this for a long time, and I appreciate very much giving us the opportunity to work this out.   Congress has played a critical role on advancing human rights, whether it was Jackson-Vanik or the conditionality of foreign aid to governments to make sure that they comply with human rights issues. We have played an active role. We need to continue to play that role. I am proud of the role that this body has played in advancing human rights issues, including compliance with the International Criminal Tribunal.   Mr. Speaker, I include for the record the letter from the Minister for Foreign Affairs of Serbia and Montenegro.   Serbia and Monetenegro Minister for Foriegn Affairs   Hon. Benjamin L. Cardin  House of Representatives, Washington, DC.   Dear M. Cardin: I appreciate very much your continuing interest in the issues related to Serbia and Montenegro and its relations with the United States. I still remember fondly our last telephone conversation in which we had the opportunity to discuss these matters.   At the moment, one of the most pressing issues in this regard remains extending Normal Trade Relations Treatment (NTR) to Serbia and Montenegro, which is part of the Miscellaneous Trade and Technical Corrections Act 2003. Extending NTR treatment would provide substantial support to continuing economic reforms in my country which, in turn, would help the consolidation of our democracy.   I am fully aware of your genuine and well-intentioned concerns with regard to the cooperation of Serbia and Montenegro with the International Criminal Tribunal for the former Yugoslavia (ICTY). I would like to assure you that there is strong and clear political will of the authorities in Serbia and Montenegro to cooperate with the ICTY.   Obviously, the most pressing concern is the issue of arrest and transfer to The Hague of the indicted individuals, in particular Gen. Mladic and those indicted for the crimes in Vukovar. You may rest assured that the resolution of this issue figures high on the agenda of all office holders in Serbia and Montenegro. Furthermore, the institutions of the state union of Serbia and Montenegro, which will be formed in the coming days, will have the opportunity to further contribute to perfecting the cooperation with the ICTY in this regard.   At the same time, it should be noted that there has been a substantial progress in other aspects of our cooperation with the ICTY, i.e., in providing documents and access to witnesses. Serbia and Montenegro has provided effective assistance to the ICTY in relation to locating, interviewing and testimony of witnesses. In this respect, we have so far fully responded to almost 90% of the requests for assistance. In particular, we have provided waivers for more than 100 officials of the former government to testify about classified matters before the ICTY. These include top officials such as two former presidents of the FRY, heads of military and police security services, as well as many high-ranking military and police officers.   As regards the documents requested by the ICTY, we have presented thousands of pages of documentation, including confidential records of the Supreme Defense Council, which is the commander-in-chief of the Yugoslav Army. I would like to assure you that we are determined to cooperate even more effectively with the ICTY in relation to documents and witnesses, and most notably, with regard to the transfer of indictees. Further promotion of democracy and economic prosperity of my country would only create a more favorable climate for such cooperation. In this regard, extending NTR treatment would be a welcome signal that Serbia and Montenegro have the support of the United States and would bring tangible benefits to our economy and people.   I am confident that you will take this information into account while assessing the level of cooperation with the ICTY, and as a result support the initiative to extend NTR treatment to Serbia and Montenegro.   Sincerely,   GORAN SVILANOVIC.   NON-PAPER   Serbia and Montenegro believes that all individuals responsible for international crimes should be brought to justice, either before international courts, such as the ICTY, or before national courts. In particular, as a UN Member, Serbia and Montenegro recognizes its obligation to cooperate with the JCTY. Consequently, the FRY has adopted the Law on Co-operation with the ICTY on 11 April 2002, which regulates the legal framework for cooperation.   Fifteen indictees who were on the territory of the FRY were brought into the custody of the ICTY. The Federal Republic of Yugoslavia arrested and surrended 6 indictees, including Slobodan Milosevic, former president of the FRY and Serbia. The others are Milomir Stakic, former Chief of the Crisis Staff of Prijedor Municipality, Republika Sprska (RS), and four combatants of the RS Army: Drazen Erdemovic, Predrag Banovic, Nenad Benovic i Ranko Cesic.   At the same time, 10 indictees have been encouraged to voluntarily surrender to the ICTY and they eventually did so. These are:   1. Dragoljub Ojdanic, General, former Chief of the General Staff of the Yugoslav Army and former Federal Minister of Defence.   2. Nikola Sainovic, former Deputy-Prime Minister of the FRY.   3. Mile Mrksjc, Major-General, Yugoslav Army.   4. Pavle Strugar, Lieutenant-General, Yugoslav Army.   5. Miodrag Jokic, Vice-Admiral, Yugoslav Army.   6. Milan Martic, former Serb leader in Croatia.   7. Blagoie Simic, Head of the Bosanski Samac, RS, Crisis Staff.   8. Momcilo Gruban, Deputy Commander of the Omarska camp, RS.   9. Milan Milutinovic, former President of the Republic of Serbia.   10. Vojislav Seselj, leader of the Serbian Radical Party.   National courts have issued arrest warrants for additional 17 accused whose arrest has been sought by the ICTY. One indictee (Vlajko Stojiljkovic, former Minister of Internal Affairs of Serbia committed suicide.   Serbia and Montenegro has provided effective assistance to the Prosecutor and the ICTY with relation to locating, interviewing and testifying of suspects and witnesses. In that respect, Serbia and Montenegro has, so far, answered to 76 different requests and provided information for as many as 150 suspects and witnesses. Out of 126 witnesses for whom the waivers were requested, Serbia and Montenegro has granted 108 (86%), while others are in procedure.   In the Milosevic case, the FRY and Serbia government decided to allow more than 87 of the former and current state officials and employees to testify with relation to the Kosovo indictment, even about the matters that constitute military and state secrets.   Zoran Lilic, the former President of the FRY, has been given waiver to testify in the Milosevic case on the matters defined after consultations between the Prosecutor and the FRY and related to the events covered by the Croatia, Bosnia and Kosovo indictments.   Dobrica Cosic, former President of the FRY, as well as Nebojsa Pavkovic, former Chief of the General staff of the Yugoslav Army have also been given waiver to testify in the Milosevic case and related to the events covered by the Croatia, Bosnia and Kosovo indictments.   Regarding documents that have been sought by the ICTY Prosecutor (127), the FRY has answered, so far, to 65 requests, to 9 partially and 53 are currently processed. The documents transmitted to the Prosecution include:   Confidential military documents of the Supreme Defense Council, the Commander-in-chief of the Yugoslav Army;   Certain confidential regulations of the Yugoslav Army;   All available official records related to the Racak massacre, in relation to the Kosovo indictment against Milosevic;   All available personal information about Ratko Mladic, the former Commander of the Army;   Of Republika Srpska;   Information on all investigations and judicial proceedings initiated against members of the Serbian Ministry of Internal Affairs for crimes committed in Kosovo and Metohija;   Official records of the Yugoslav National Bank relating to a company allegedly involved in trading arms during the conflict in Bosnia and Herzegovina;   The authorities of Serbia and Montenegro have continued to investigate mass graves near Batajnica. This is done in the presence of the ICTY investigators on site, and the evidence obtained is regularly transferred to the ICTY Prosecutor.   There have been investigations and judicial proceedings before Yugoslav courts for violations of international humanitarian law:   There is a number of criminal proceedings before military courts against individuals indicted for crimes in Kosovo and Metohija in 1999. The judicial proceeding against Sasa Cvjetan and Dejan Demirovit, members of the special corps “Scorpions,” have also been initiated before the Court in Belgrade, for the crimes committed in Kosovo. In the District court in Prokuplje, Serbia, Ivan Nikolic, a reserve soldier with the Yugoslav Army, was sentenced to 8 years of imprisonment for the killing of two Kosovo-Albanian civilians.   Criminal proceeding before the Belgrade District Court are currently under way for the abduction of Bosniacs from the village of Sjeverin in 1992 (Case of Dragoljub Dragicevic and others).   In another case, Nebojsa Ranisavljevic was convicted to 15 years of imprisonment for his role in the notorious case of abduction of Muslim passengers from the train in Supci station in 1993.  

  • Introduction of Belarus Democracy Act 2003

    Mr. Speaker, today I am introducing the Belarus Democracy Act of 2003, which is intended to help promote democratic development, human rights and the rule of law in the Republic of Belarus , as well as encourage the consolidation and strengthening of Belarus' sovereignty and independence. I am joined by Congressmen HOYER, HOEFFEL and Congresswoman Slaughter, as original cosponsors.   When measured against other European countries, the state of human rights in Belarus is abysmal--it has the worst record of any European state.   Through an illegitimate 1996 referendum, Alexander Lukashenka usurped power, while suppressing the duly-elected legislature and the judiciary. His regime has repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The democratic opposition, nongovernmental organizations and independent media have all faced harassment. Just within the last few months, we have seen a number of events reflecting the negative trend line: the passage of a repressive law on religion which bans religious activity by groups not registered with the government and forbids most religious meetings on private property; the bulldozing of a newly-built church; the incarceration of leading independent journalists; and the continued harassment, as well as physical attacks on the political opposition, independent media and non-governmental organizations--in short, anyone who, through their promotion of democracy , would stand in the way of the Belarusian dictator. Moreover, we have seen no progress on the investigation of the disappearances of political opponents--perhaps not surprisingly, as credible evidence points at the involvement of the Lukashenka regime in their murders. Furthermore, growing evidence also indicates Belarus has been supplying military training and weapons to Iraq, in violation of UN sanctions.   Despite efforts by the U.S. Government, non-govermental organizations, the Organization for Security and Cooperation in Europe (OSCE) and other European organizations, the regime of Alexander Lukashenka continues its hold onto power with impunity and to the detriment of the Belarusian people.   One of the primary purposes of this bill is to demonstrate U.S. support for those struggling to promote democracy and respect for human rights in Belarus despite the formidable pressures they face from the anti-democratic regime. The bill authorizes increases in assistance for democracy building activities such as support for non-governmental organizations, independent media including radio and television broadcasting to Belarus , and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards--in sharp contrast to recent parliamentary and presidential elections in Belarus which flaunted democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential [Page: E242] GPO's PDF and parliamentary leadership, which contributes to that country's self-imposed isolation.   In addition, this bill would impose sanctions against the Lukashenka regime, and deny highranking officials of the regime entry into the United States. Strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs.   The bill would require reports from the President concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states.   Mr. Speaker, finally, it is my hope that this bill would help put an end to the pattern of clear, gross and uncorrected violations of OSCE commitments by the Lukashenka regime and will serve as a catalyst to facilitate Belaras' integration into democratic Europe in which democratic principles and human rights are respected and the rule of law is paramount. The Belarusian people deserve our support as they work to overcome the legacy of the past and develop a genuinely independent, democratic country based on the rule of law and democratic institutions.

  • Turkey's Post-Election Future Focus of Helsinki Commission Briefing

    By Chadwick R. Gore CSCE Staff Advisor The United States Helsinki Commission held a briefing November 14 which examined Turkey’s future after the drastic shift in Turkey’s Grand National Assembly following the November 3rd elections. The Justice and Development Party (AKP) received just 34 percent of the popular vote, but gained two-thirds of the seats in the 550-seat Assembly. Forty-five percent of Turkey’s population voted for political parties that did not meet the 10 percent requirement for representation in the new parliament. The political flux has been likened to an earthquake as 88 percent of the newly elected officials are new to parliament, and the roots of the AKP and its leadership can be traced to former, but now illegal, Islamist parties. These factors have raised concerns in and outside of Turkey about the country’s political, democratic, economic and social future. Abdullah Akyüz, President of the Turkish Industrialist and Businessmen’s Association (TÜSÝAD), emphasized the significance of timing and outcome of the recent election. Turkey’s election of a party with a Muslim leader, the fragility of Turkey-EU relations, Turkey-Cyprus relations and the situation in Iraq all create apprehension about Turkey’s future. The election, which resulted in single party leadership, came at a very complex and crucial time for Turkey. While accession into the European Union (EU) is felt by many to be paramount to Turkish stability, Akyüz felt Turkey must address these issues immediately to make itself more attractive to the EU. Mr. Akyüz and Jonathan Sugden, Turkey Researcher for Human Rights Watch (HRW), stressed expressed the importance of EU accession for the economic and democratic development of Turkey. Sugden stated the EU Copenhagen summit in December is “a make or break date” for Turkey. According to Sugden, two main objectives need to be completed to give Turkey a better chance for negotiations with the EU: (1) The government needs to enact the new draft reform law on torture, reducing and eradicating torture from the Turkish law enforcement system; and, (2) Four imprisoned Kurdish parliamentarians [Layla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak] need to be released or at least given the chance to appeal their cases with adequate legal counsel. Once passed, the legislation to provide legal counsel to detainees immediately upon their detention would place Turkey ahead of several European nations, including France, regarding the right for the accused to have prompt access to counsel. Sanar Yurdatapan, a musician and freedom of expression activist, commented that “Turkey must become a model of democracy to its neighbors by displacing the correlation of Islam and terrorism and diminish the influence of the military in domestic affairs.” The AKP must prove it is committed to democracy and development and not a religious agenda, according to Yurdatapan. Recep Tayyip Erdogan, leader of AKP, has shown signs that his party will attempt to live up to that commitment. Tayyip recently stated that accession to the EU is his top priority. Yurdatapan was most concerned with Turkish citizens gaining domestic freedoms, especially freedom of expression. Other concerns were raised about possible military intervention in domestic affairs. Historically, when the military feels the government is moving away from secularism toward a religious government, the military has stepped in and changed the government. This influence and subtle control of the military from behind the scenes is something that must be overcome if Turkey is to continue to democratize. Another important issue discussed at the briefing was the developing situation between the US and Iraq. Both Akyüz and Yurdatapan voiced concern about the adverse effects of war on Turkey. They were quick to point out that the Gulf War is still very fresh in Turkey’s memory. The Gulf War burdened Turkey with economic downturn and recession, as well as political and humanitarian problems with the Kurds. The Turkish people are very concerned that a new war would have similar effects, severely damaging Turkey’s aspiration for EU accession. If indeed there is a war, Turkey hopes to receive substantial compensation from the United States for economic losses. No one said what exactly Turkey will look like in the next four years, but progress and stability during that period are real possibilities. Yet, the concerns are strong and legitimate due to the several factors on which Turkey’s future depends. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. Helsinki Commission intern Shadrach Ludeman contributed to this article.

  • Democracy and Human Rights Trends in Eurasia and East Europe: A Decade of Membership in the Organization

    The ten-year anniversary of the collapse of the Union of Soviet Socialist Republics (USSR), an original signatory to the 1975 Helsinki Final Act, fell in 2001. The following year marked another milestone, perhaps less widely noted: the passage of a decade since the entry of the Eurasian and East European States into the Organization for Security and Cooperation in Europe (OSCE), which embraces all of Europe, the former Soviet Union, the United States and Canada. Membership in the organization is predicated on the acceptance of certain bedrock principles of democracy, a wide array of human rights commitments and modern norms of statecraft, including respect for the rule of law and promotion of civil society. This report conducts a review of Eastern European and Eurasian countries' records on these commitments over the course of the decade following the Soviet Union's collapse.

  • Turkey: What Can We Expect After the November 3 Election?

    This briefing addressed the November 3 elections, which were held during a rather turbulent time in Turkey. Turkey’s Justice and Development Party (AKP) led by Recep Tayyip Erdogan, a former mayor of Istanbul, won an unprecedented 34.27 percent of the votes in Turkey’s legislative election while the Republican People’s Party (CHP), led by Deniz Baykal, received 19.39 percent of the votes and won 178 seats in the next Parliament. Witnesses testifying at this briefing – including Abdullah Akyuz, President of the Turkish Industrialist’s and Businessmen’s Association, U.S. Representative Office; Sanar Yurdatapan, Musician and Freedom of Expression Advocate; and Jonathan Sugden, Researcher for Turkey with Human Rights Watch – addressed the massive recession face by Turkey and the concern of another war with Iraq. The effect, if any, on the rise of Islamist parties in Turkish politics is yet another concern. All of this following the recent snub by the European Union regarding Turkish accession, and increasingly bleak prospects for a resolution of the Cyprus impasse.

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